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Posts from August 2013.
August 16, 2013
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Notice Posting.jpgIn June 2013, the Fourth Circuit joined the United States Court of Appeals for the District of Columbia Circuit in vacating the National Labor Relations Board’s “notice posting rule” (the “rule”).  The controversial rule would have impacted nearly six million employers, the majority of which are small businesses. The rule issued by the National Labor Relations Board (“NLRB”) declared that employers would be guilty of unfair labor practices if they failed to post at their office and on their websites a “Notification of Employee Rights under the National Labor Relations Act.” 76 Fed. Reg. 54,006 (Aug. 30, 2011).   According to the NLRB website, the rule would have required most private sector employers to post the notice in a “conspicuous place” and publish a link to the notice on a website if other personnel notices are posted there. 

What is the Notice Posting Rule?

The National Labor Relations Act (“NLRA”) oversees relations between private employers, labor unions and employees.  The NLRB issued the rule on August 30, 2011 after a notice and comment period. The rule is comprised of 3 parts. Subpart A requires employers to post the notices. Subpart B makes the failure to post an unfair labor practice and enables the NLRB to toll the statute of limitations for any unfair labor practice claim made by an employee. Subpart C allows for the NLRB to consider a failure to post as evidence of unlawful motive that would weigh against it in any proceedings before the Board.  76 Fed. Reg. 54,006 (Aug. 30, 2011).